Gauhati High Court
Page No. 1/5 vs Page No. 2/5 on 28 April, 2021
Page No. 1/5
GAHC010075762021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1003/2021
MUSSTT NARGIS SULTANA LASKAR AND 7 ORS
W/O- MD. KHALILUR RAHMAN LASKAR
2: MD. KHALILUR RAHMAN LASKAR
S/O- LATE HABIBUR RAHMAN LASKAR
3: MD. MASUK ALAM LASKAR
S/O- KHALILUR RAHMAN LASKAR
4: MD. MASUM ALAM LASKAR
S/O- KHALILUR RAHMAN LASKAR
5: MISS MASUMA AKTAR LASKAR
D/O- KHALILUR RAHMAN LASKAR
6: MISS JANNAT AKTAR LASKAR
D/O- KHALILUR RAHMAN LASKAR
7: MD. SADDIK ALAM LASKAR
S/O- KHALILUR RAHMAN LASKAR
8: MD. MEHBUB ALAM LASKAR
S/O- KHALILUR RAHMAN LASKAR
ALL ARE RESIDENT OF VILL.- CHIRUKANDI
P.O. TARAPUR
P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788003. (PETITIONER NOS. 6
7 AND 8 BEING MINORS ARE REP. BY THEIR MOTHER
PETITIONER NO. 1)
VERSUS
Page No. 2/5
UNITED INDIA INSURANCE CO. LTD. AND 5 ORS
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT M.S.S. PATH
(G.S. ROAD), DISPUR, GUWAHATI- 781005.
2:MD. MAHI UDDIN LASKAR
S/O- LATE ASHAHID ALI LASKAR
R/O- VILL.- KAPTANPUR PT-XVIII
P.O. AND P.S. LAKHIPUR
DIST.- CACHAR
ASSAM
PIN- 788103.
3:MD. TAIBUR RAHMAN LASKAR
S/O- AZIR UDDIN LASKAR
R/O- VILL.- BAKRIHAWAR PART-I
P.O. AND P.S. PANCHGRAM
DIST.- HAILAKANDI
ASSAM
PIN- 788802.
4:KANCHAN KANTI DEY
S/O- MILON KANTI DEY
R/O- E AND D COLONY
TARAPUR
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788003.
5:TAPAN KANTI DEY
S/O- SRI MILON KANTI DEY
R/O- TARAPUR
GABINDA NAGAR
P.O. CHIRUKANDI
PS. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788003.
6:THE ORIENTAL INSURANCE COMPANY LIMITED
DIVISIONAL MANAGER
PWD ROAD
TOWN CLUB BUILDING
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788001
Page No. 3/5
REP. BY THE CHIEF REGIONAL MANAGER
REGIONAL OFFICE
M.S.S. PATH
ULUBARI
GUWAHATI-7
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MR. A J SAIKIA
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28-04-2021
The 8 (eight) nos. of claimants preferred an application under Section 166
of the Motor Vehicle Act, 1988 ('the MV Act', for short) before the learned Motor
Accident Claims Tribunal, Cachar at Silchar ('the tribunal', for short) seeking
compensation for the death of one Late Juhel Alam Laskar and the said
application was registered as MAC Case no. 15/2016. The learned tribunal by its
judgment and award dated 09.09.2019 had awarded an amount of Rs.
13,19,800/- as compensation with interest @ 9% per annum from the date of
filling of the claim application i.e. 22.12.2015 and directed the opposite party
no. 3 therein i.e. United India Insurance Company Limited to deposit the said
amount of compensation within 30 days from the date of the said judgment and
award.
2. The said opposite party no. 3 in MAC Case no. 15/2016 i.e. United
Insurance Company Limited has preferred the connected appeal MAC Appeal no.
293/2020 under Section 173 of the MV Act wherein the 8 (eight) nos. of
claimants have been impleaded as respondent nos. 1 - 8.
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3. While preferring the appeal, MAC Appeal no. 293/2020, the appellant had
also preferred an interlocutory application, I.A.(Civil) no. 2222/2020 praying for
stay of operation of the judgment and order dated 09.09.2019 passed by the
learned tribunal in MAC Case no. 15/2016. While issuing notice in I.A.(Civil) no.
2222/2020 to the opposite parties therein on 21.12.2020, this Court had
ordered that the enforcement of the judgment and award dated 09.09.2019
shall remain stayed, subject to deposit of 50% of the awarded amount before
the Registry of this Court within a period stipulated therein.
4. The connected appeal, MAC Appeal no. 293/2020 has already been
admitted on 21.12.2020. Pursuant to the order dated 21.12.2020, passed in I.A.
(Civil) no. 2222/2020, the appellant has deposited an amount of Rs. 6,95,400/-
before the Registry of this Court on 20.01.2021.
5. The interlocutory application, I.A.(Civil) no. 1003/2021 has been preferred
on behalf of the respondent nos. 1 - 8 in the connected appeal, MAC Appeal no.
293/2020, as applicants to allow them to withdraw the said amount of Rs.
6,95,400/- deposited by the appellant/opposite party no. 1.
6. Heard Mr. M. Talukdar, learned counsel for the applicants/respondent nos.
1 - 8; Mr. A.J. Saikia, learned counsel for the opposite party no. 1/appellant and
Ms. R.D. Mazumdar, learned counsel for the opposite party no. 6/respondent no.
13.
7. Mr. Saikia has submitted that the connected appeal MAC Appeal no.
293/2020 has been preferred challenging the quantum of compensation. He
has, however, submitted that at this stage, the opposite party no. 1/appellant
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has no objection if a direction is made to allow the applicants/respondent nos. 1
- 8 to withdraw the said amount of Rs. 6,95,400/- deposited by them.
8. In view of the submissions made by the learned counsel for the applicants
and the opposite party no. 1/ appellant, as above, it is directed that the amount
of Rs. 6,95,400/-, deposited by the opposite party no. 1/appellant with the
Registry, be released in favour of the applicants/respondent nos. 1 - 8. It is
submitted by Mr. Talukdar that the amount shall be released in favour of the
applicant no. 1/respondent no. 1 as she was the mother of the deceased. The
amount be released in favour of the applicant no. 1/respondent no. 1, as prayed
for by the learned counsel for the applicants/respondent nos. 1 - 8, upon her
due identification by the learned engaged counsel, Mr. M. Talukdar.
9. The interlocutory application stands disposed of in the aforesaid terms.
JUDGE
Comparing Assistant
